Employer Size - Sullivan Benefits

Provided by Sullivan Benefits

Federal Employment Laws by Employer Size

An employer's size, or number of employees, is a key factor in determining which federal labor laws the employer must comply with. Some federal labor laws, such as the Equal Pay Act, apply to all employers, regardless of size. However, other laws, such as the Family and Medical Leave Act, only apply to employers that reach a certain employee count.

Employers should be aware of the federal labor laws that may apply to their company based on their size. This is especially important for employers that have fluctuating workforce numbers or that are considering hiring additional employees. In general, the more employees that an employer has, the more compliance obligations it will have under federal labor laws.

This Compliance Overview provides a guide of key federal labor laws that apply based on employer size. Most states also have their own labor and employment laws. This summary does not address state labor laws, and it also does not address additional compliance requirements for companies that contract with the federal government or businesses in specific industries.

LINKS AND RESOURCES

? DOL's "FirstStep Employment Law Advisor" helps companies determine which labor laws apply to their business

? DOL's webpage that includes links to each state's labor office

? EEOC's compliance resources for employers and small businesses

EMPLOYERS OF ALL SIZES

? Equal Pay Act ? Fair Labor Standards Act ? Occupational Safety and Health Act ? Immigration Reform and Control

Act ? Employee Retirement Income

Security Act

EMPLOYERS WITH 50+ EMPLOYEES

? Family and Medical Leave Act ? Affordable Care Act ? employer

shared responsibility rules ? Fair employment laws, such as the

Americans with Disabilities Act and the Title VII of the Civil Rights Act ? Consolidated Omnibus Budget Reconciliation Act

This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

EMPLOYERS OF ALL SIZES

Law

Brief Description

Poster/Notice Requirement

Resources

Employers are prohibited from hiring and

retaining employees who are not authorized

Immigration Reform and Control Act

(IRCA)

to work in the United States. Employers and employees must complete the Form I-9

("Employment Eligibility Verification Form"). Employers must retain a Form I-9 for each

Handbook for Employers,

N/A

Guidance for Completing

Form I-9

person hired and make it available for

inspection by authorized government officers.

Equal Pay Act (EPA)

Employers must provide equal compensation to men and women who perform equal work

within the same workplace.

Employee Polygraph Protection Act

(EPPA)

Prohibits employers from using lie detector tests, either for pre-employment screening or

during the course of employment, with certain exceptions.

"EEO is the Law" poster

EPPA poster

Facts about Equal Pay and Compensation Discrimination ? a publication by the Equal Employment Opportunity Commission (EEOC)

Employment Law Guide: Lie Detector Tests ? a guide by the DOL's Wage and Hour Division (WHD)

Fair Labor Standards Act

(FLSA)

Establishes minimum wage, overtime, recordkeeping and child labor standards for

employers.

FLSA Minimum Wage poster

Handy Reference Guide to the Fair Labor Standards Act ? a guide by the DOL's WHD

Occupational Safety and

Health Act (OSH Act)

Requires employers to provide a safe workplace for their employees. The law created the Occupational Health and Safety Administration (OSHA), a federal agency that sets and enforces protective workplace safety

and health standards.

Job Safety and Health Protection poster

At-a-glance OSHA ? a short guide from OSHA

Employee Sets minimum standards for employee benefit

DOL's Employee Benefits

Retirement

plans, including retirement plans, such as

Income Security 401(k) plans, and welfare benefit plans, such

N/A

Security Administration's (EBSA) webpage on

Act (ERISA)

as group health plans.

ERISA compliance

2

This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

? 2017 Zywave, Inc. All rights reserved. EM 3/17

Uniformed Services

Employment and

Reemployment Rights Act (USERRA)

Prohibits employers from discriminating against individuals on the basis of

membership in the uniformed services with regard to any aspect of employment.

Consumer Credit

Protection Act (CCPA)

Protects employees from discharge because their wages have been garnished for any one debt and limits the amount of an employee's

earnings that may be garnished in any one week.

Jury Systems Improvement

Act

Prohibits employers from discharging or taking other adverse employment action against employees who are summoned to jury duty in federal court. Most states also have their own employment laws regarding jury

duty.

USERRA poster N/A N/A

USERRA Guide ? a guide from the Veteran's Employment Training Service (VETS)

Employment Law Guide: Wages and Hours Worked: Wage Garnishment ? a guide by the DOL's WHD

28 U.S. Code Section 1875 (Protection of jurors' employment)

EMPLOYERS WITH 15 OR MORE EMPLOYEES

Law

Brief Description

Poster/Notice Requirement

Resources

Americans with Disabilities Act

(ADA)

Prohibits employers from discriminating against qualified individuals with disabilities

in all employment practices, such as recruitment, compensation, hiring and firing,

job assignments, training, leave and benefits.

"EEO is the Law" poster

Facts about the Americans with Disabilities Act ? an EEOC publication

Genetic Information Nondiscrimination Act (GINA)

Prohibits employers from discriminating against employees or applicants based on

their genetic information.

Pregnancy

Prohibits workplace discrimination based on

Discrimination Act pregnancy, childbirth or related medical

(PDA)

conditions.

"EEO is the Law" poster

"EEO is the Law" poster

Facts about the Genetic Information Nondiscrimination Act ? an EEOC publication

Facts about Pregnancy Discrimination ? an EEOC publication

3

This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

? 2017 Zywave, Inc. All rights reserved. EM 3/17

Title VII of the Civil Rights Act

Prohibits employers from discriminating in the workplace based on race, color, religion,

sex or national origin.

"EEO is the Law" poster

EEOC webpage with links to compliance resources based on type of discrimination (for example, national origin)

EMPLOYERS WITH 20 OR MORE EMPLOYEES

Law

Brief Description

Poster/Notice Requirement

Resources

Age Discrimination in Employment Act

(ADEA)

Prohibits employers from discriminating against employees or applicants who are age

40 or older based on their age.

"EEO is the Law" poster

Facts about Age Discrimination ? an EEOC publication

Consolidated Omnibus Budget Reconciliation Act

(COBRA)

Requires employer-sponsored group health plans to offer continuation coverage to eligible employees and their dependents

when coverage would otherwise be lost due to certain events (for example, a termination

of employment).

General Notice of COBRA Rights (must be provided within first 90 days of group health plan coverage). Other notice requirements apply when a qualifying event occurs.

An Employer's Guide to Group Health Continuation Coverage ? A resource from the DOL's EBSA

EMPLOYERS WITH 50 OR MORE EMPLOYEES

Law

Brief Description

Poster/Notice Requirement

Resources

Family and

Requires employers to provide eligible

Medical Leave Act employees with unpaid, job-protected leave

(FMLA)

for specified family and medical reasons.

FMLA Poster

The Employer's Guide to the FMLA ? a publication of the DOL's WHD

Affordable Care Applicable large employers (ALEs) must offer

Internal Revenue

Act (ACA) ?

affordable, minimum value health coverage

N/A

Service's (IRS) Questions

Employer Shared

to their full-time employees (and

and Answers on the

4

This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

? 2017 Zywave, Inc. All rights reserved. EM 3/17

Responsibility Rules

dependents) or risk paying a penalty. An ALE will face a penalty if one or more full-time employees obtain a subsidy through an

Exchange. An individual may be eligible for a subsidy either because the ALE does not offer coverage, or offers coverage that is "unaffordable" or does not provide "minimum value."

employer shared responsibility rules

EMPLOYERS WITH 100 OR MORE EMPLOYEES

Law

Worker Adjustment and

Retraining Notification (WARN) Act

Brief Description

Poster/Notice Requirement

Resources

Employers are required to provide a 60-day advance notice to employees of imminent covered plant closings and covered mass

layoffs.

Must provide 60-day advance notice of covered plant closing and mass layoffs. No model notice is available, although there are specific content requirements for this notice.

Employer's Guide to the WARN Act

EEO-1 Report

The Employer Information Report EEO-1 (commonly known as the EEO-1 Report) requires employers to submit employment data categorized by race/ethnicity, gender, job category, and wages and hours to the EEOC.

EEO-1 Report

EEOC's webpage on EEO1 reporting

5

This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

? 2017 Zywave, Inc. All rights reserved. EM 3/17

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